CIT Affirms Treatment as Single Entity, AFA AD Rate for 3 Cos. in China Aluminum Extrusions Investigation

The Court of International Trade affirmed the International Trade Administration's decision to treat three Chinese companies as a single entity and apply adverse facts available (AFA) to that entity in the antidumping investigation of aluminum extrusions from China (A-570-967). CIT said the ITA was correct to treat the Guang Ya group, New Zhongya, and Xinya as a single entity because of common ownership by single family, among other things. In response to the companies’ challenge of application of AFA to all three companies, CIT said it is common practice to apply AFA to all members of an entity if one fails to cooperate. The combined entity of the three companies was assigned an AD rate of 33.28 percent in the investigation.

(Zhaoqing New Zhongya Aluminum Co. v. United States, Slip Op. 12-130, dated 10/11/12, Judge Pogue)

(Attorneys: Peter Koenig of Squire Sanders for plaintiffs Zhaoqing New Zhongya, Zhongya Shaped Aluminum, and Karlton; Mark Davis of Davis & Leiman for plaintiff Guang Ya; Tara Hogan for defendant U.S. government; Stephen Jones of King & Spalding for defendant-intervenors Aluminum Extrusions Fair Trade Committee)